ARINDAM SINHA, J. - (1.) Petitioner has challenged communication dated 14th December, 2017 being decision of Faculty Council asking him to compulsorily withdraw from Post Graduate Diploma in Management Progamme (PGDM). Mr. Bhattacharya, learned advocate appears on behalf of petitioner and submits, consequence of impugned decision will spell doom for his client. He refers to the rules, in particular regarding promotion to 2nd year, the programme being for two years with repeat opportunity in 1st year, therefore maximum of three years. He refers to relevant rule extracted below:- "A student obtaining CGPA of less than 4.5 at the end of Term- III, who has not obtained 'F's in more than 6-creditpoint equivalent courses, and has passed the Qualifying Mathematics, Managerial Communication I and II and Business Ethics examinations, shall have the option of repeating the first year of the programme or withdrawing from the programme."
(2.) Drawing attention to an earlier communication dated 30th March, 2017 he submits, his client accepted conditional promotion to 2nd year on terms offered thereby. Terms of offer by said communication is reproduced below:- "The matter was discussed in the PGP Committee and subsequently, in the Faculty council in the meetings held on March 29, 2017. As advised by the Chairperson, PGP, this is to inform you that you have been allowed conditional promotion to the 2nd year. You have to repeat two 3-credit courses of 1st year PGDM along with your registered courses of 2nd year in term-IV and after successful completion of these courses your CGPA till Term-III will be capped at 4.50. If you get 'F' grade in any of these courses, you have to take compulsory withdrawal from the programme. Please note that you also have the option of to take the offer of conditional promotion but to repeat the programme with the 54th Batch."
(3.) Mr. Bhattacharya submits, his client approached the Institute requesting them to cap his Cumulative Grade Point Average (CGPA) for 1st year at 4.50 on his having successfully repeated to 3 credit courses of 1st year PGDM along with registered courses of 2nd year in term- IV. He submits, this can and ought to be done by the Institute. They have not done it at his client's instance. Therefore, direction by Court be made. He submits, insistence on strict adherence to rules after he was given a benefit in relaxation thereof must be held as the rule having worked itself out. He relies on judgment of Supreme Court in Sri Krishan v. Kurukshetra University, Kurukshetra reported in AIR 1976 SC 376, to paragraph 6 for this submission.;